RAJIVE BHALLA,J - (1.) C .M. No. 5 E of 2007 Prayer in this application, filed under Section 5 of the Limitation Act, is to condone the delay of four days in the filing of the Election Petition.
(2.) COUNSEL for the petitioner submits that though the election petition was filed within limitation, the application for condonation of delay had to be filed, as the Registry raised an objection that the election petition is time barred. It is contended that the election petition was filed within the period of limitation, prescribed under Section 81(1)of the Representation of People Act, 1951 (hereinafter referred to as 'the Act'). General Elections to the Punjab Vidha Sabha were held on 13.2.2007. As the result of the present election was declared on 27.2.2007, the limitation, for filing an election petition, as prescribed under the Act expired on 13.4.2007. The election petition was filed on 16.4.2007. The period of limitation, however, CM No. 5-E of 2007 in Election Petition No. 22 of 2007 2 stood extended to 16.4.2007, as the Punjab and Haryana High Court was closed for a spell of vacations from 9.4.2007 to 15.4.2007. The High Court reopened on 16.4.2007, on which date, the petitioner filed the election petition. It is further submitted that the Additional Registrar (J), after scrutiny under Rule 14(a) of Chapter 4-GG, High Court Rules and Orders, Vol.V., incorrectly recorded a note that the election petition was barred by limitation. The relevant extract of the note reads as follows :- 1. An election petition is required to be filed within 45 days from the date of declaration of result as provided in Section 81(1) of the Representation of People Act, 1951. The result was declared in this case on 27.2.2007 and 45 days have expired on 13.4.2007 but it has been filed on 16.4.2007 i.e. on 48th day. The High Court was closed w.e.f. 8th April, 7-15th April 2007, due to a spell of holidays from 7-15th April. However, the election branch as well as the Cash Branch of this Hon'ble Court remained open upto 13.4.2007 for receiving election petitions as limitation of filing the petition was going to expire on 13.4.2007."
(3.) IT is argued that the note recorded by the Additional Registrar (J) that the limitation expired on 13.4.2007, as the election and cash branches remained open upto 13.4.2007, for receipt of election petitions, is incorrect, as it disregards a significant fact that the notification of holidays, the subsequent amendment thereto and the daily cause list, issued on the eve of the aforementioned spell of vacations by the Hon'ble High Court, does not state that election petitions could be filed and would be entertained by the Registry of the Hon'ble High Court. The daily cause list, does not state that the election branch or the cash branch would be open for filing and receipt of election petitions nor does it identify a designated officer, who would receive election petitions, during this spell of vacations.;